2000-295 - Laserfiche WebLink

Home Browse Search

4D 40 40 FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS $1012 0 rant r nP rt 523 .. adoral AId C. rg r+,pllaitr,� flvAujleni me Chapter 1 Summer character or use of properties that are listed on or potentially eligible for listing on the National Register of Historic Places (National Register) and located within the project's area of potential aflecl. Undertakings include new and continuing projects, activities, or programs and any of their elements not previously considered under Section 106 of the National Historic Preservation Act. (2) In cases where a Federal Aid project has boon determined to be an undertaking, the Stale must notify, the appropriate Service Regional Director for guidance on how to proceed with Section 106 compliance. Based on the results of the consultation between the State and SH'PO, the Service will determine the need and level of inventory to identify, historic properlies that may be affected by the undertaking and to gather sufficient information to evaluate whether these properties are listed or are eligible lot listing in the National Register. (3) Where completed inventories indicate that Identified historic properties may be affected by the underlaking, the State shall be responsible for submitling the necessary documentation to the appropriate Regional Director for review. As necessary, the Service shall seek determinations at eligibility far those properties that are to be affected by the proposed activity, (4) Ii a Slate is advised by the SHPO that an undortaking will adversely affect a properly that is eligible for or listed on the National Register, the State shall ask the appropriate Regional Director to determine mea Sur as for mitigating of avoiding impacts. This may require the development of a memorandum of agreement among the Service, Stale, and Slate Historic Preservation Officer to address specific measures that will be employed to avoid or minimize adverse effects to historic praperlies located within the area of Potential effect. Adverse effects that may diminish the chara.�-r and integrity or historic properties inctuda: (a) Ph tical desl.u:tion, damage, or alt -ration of all or part of Ine property, (b) Isolation of the property from or alteration of tho character of file proporly's setting when that character cantr butes to the property's qualification for the National Register of Historic Places; (c) Introduction of visual, audible, or atmospheric elements Inat are out of character with the properly or alter its soiling; (d) Neglect of a properly resulting in its detcrioralion or destruction; and (e) Tianslor, lease, or sale of the historic properly. (5) If a previously unknown propotty that is eligible for listing on the National Register is discovered at any time during the implementation period of a Federal Aid projecf, true Regional Director must be notified and all actions which may adversely effect It must be suspended. The Service shall provide the Stale with instructions on how to proceed. 1.15 Uniform Relocation Assistance and Real Property Acquisition Pollclas Act 01 1070, as amended (42 U.S.C, 4601) A. Summary. Federal agencies may not approve any grant unless the grantee provides Assurances that it will comply wilts the Act. Prices fa be paid for lands or inlorests in lands must be fair and reasonable (except when the price Is fixed by law, or when the lands are to be acqul(ed at public auction or by condemnation and the value determined by the court). Persons displaced Isom their homes, businesses, and terms must receive relocation services, compensallon, and fair equitable treatment. B. References. (1) Department of Interior Uniform Relocation Assistance and Real Properly Acquisition Regulations (41 CFFf 11450), (2) Department of Transportation Uniform Relocation Assistance and RoalProperty Acquisition lot Federal and Federally Assisted Programs (49 CFR Part 24). C. Appraisal Requirements. (t) A real properly owner or his designated representative must be contacted prior to mating an appraisal and given an opporlunity to accompany the appraiser during 'inspection of the properly. The fact Ihal it occurred must be documented in project files and in the appraisal report. (2) Real property must be appraised, the appraisal report roviewed, and the lair market value established prior to initiation of negotiations with the ov.ner. (3) 11 the acquisilion of only peal of a property will leave the owner with an uneconomic fem..nan.. the Slate or other grantee Must otter to buy the r.rra'= c;ca_;tr The term uneconami: remnant' appy:: crr; f tc Tit •e hl of th- Act and the necessity of (no acquiring agen y to olier to purchase such a romainder or the entire property. It is not to be construed with the lean 'uneconomic unit' as it applies to the in -lieu payment of ferrn a e:ahe�s under Title 11 of the Act D. Negollation Requirements. (1) An owner or 11i6 designat_d repr=sonlative must be provided, in person or by cerI04od mail, a written statement of just compensation as de;err,ined in the appraisal process. Oilers al compensation Cannot be lass than the approved appraisal of lair market value of such properly. 11 only a pollion of tha evmar's property is being taken and the owner is left with an uneconomic Rmr,anl, the agency must offer to buy the whole propolty. (2) Reimbursement to a feat p;opetty oa+nor for costs 10 convey a title must include. STATE GRAFIT PROGRAMS